APOTEX, INC. v. CEPHALON, INC. et al

Filing 514

ORDER THAT DEFT CEPHALON, INC,'S MOTION FOR JUDGMENT ON PARTIAL FINDINGS (DOC #449) IS DENIED. UNITED STATES REISSUE PATENT NUMBER RE 37,516 IS DECLARED INVALID AND UNENFORCEABLE. JUDGMENT IS ENTERED IN FAVOR OF PLFF, APOTEX, INC., AS TO COUNTS I AND II OF THE SECOND AMENDED COMPLAINT (DOC #195). ( SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 10/31/11. ) 10/31/11 ENTERED AND COPIES E-MAILED.(gn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
__________________________________________
:
APOTEX, INC.,
:
CIVIL ACTION
Plaintiff,
:
:
v.
:
No. 2:06-cv-2768
:
CEPHALON, INC., et al.,
:
Defendants.
:
__________________________________________:
ORDER AND JUDGMENT
AND NOW, this 31st day of October, 2011, following a bench trial, and after careful review
of the parties’ briefs, for the reasons set out in the Memorandum Opinion filed this day, it is hereby
ORDERED that:
1.

Defendant Cephalon, Inc.’s “Motion for Judgment on Partial Findings” (Doc. No.
449) is DENIED;

2.

United States Reissue Patent Number RE 37,516 is declared INVALID and
UNENFORCEABLE.

3.

Judgment is entered in favor of Plaintiff, Apotex, Inc., as to Counts I and II of the
Second Amended Complaint (Doc. 195).

BY THE COURT:
/s/ Mitchell S. Goldberg
_____________________________
MITCHELL S. GOLDBERG, J.